NALA Certified Paralegal Practice Exam

Hearsay typically refers to an out-of-court statement offered in court to prove the truth of the matter asserted. The key characteristic of hearsay is that the statement is made outside the courtroom and is being used to establish the truth of the content of that statement.

A statement made in court by a witness does not fall under the definition of hearsay because it is not an out-of-court statement; rather, it is a direct testimony which can be cross-examined, allowing for a judge or jury to assess its credibility and relevance. This testimony is provided in a controlled environment, where the witness is present and can be questioned about their statements, ensuring the reliability of the evidence.

In contrast, the other options represent types of statements that do qualify as hearsay because they involve reports or assertions made outside of direct testimony. A rumor, a secondhand account, and a report of what someone else said all lack the direct, in-person validation of a witness providing testimony in court, thus making them hearsay when presented to prove the truth of the assertion.